YEVAMOS 83 (10 Av) - Dedicated by Mrs. G. Kornfeld, in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.

3)[line 3]ולא הכריעו בו חכמים אם זכר אם נקבהLO HICHRI'U BO CHACHAMIM IM ZACHAR IM NEKEIVAH- The Chachamim did not determine whether it is a male or female. This opinion of Rebbi Yosi is different from the one that he expressed along with Rebbi Shimon in our Mishnah, which allowed the wife of an Androginus to eat Terumah. Such could only be permitted if an Androginus is a definite male.

4)[line 5]מדשבקיהMID'SHAVKEI- from when he deserted

5)[line 5]לבר זוגיהL'BAR ZUGEI- for his partner [Rebbi Shimon, along with whom he ruled that an Androginus is a male in our Mishnah]

6)[line 8]דחייש ליחידאהD'CHAYISH L'YECHIDA'AH- that he concerns himself with [the stringent opinion even when it is] the opinion of the minority [in which case he should rule according to the opinion of Rebbi Yosi expressed in the Beraisa over that expressed in the Mishnah]

7)[line 9]מתעקראMIS'AKRA- is uprooted

8)[line 11]בי רבBEI RAV- lit. the house of Rav; one of Rav's students

9)[line 12]ובהרכבהHARKAVAH- grafting

10)[line 12]בקושיB'KOSHI- with labor pains

11)[line 13]ובקידושKIDUSH- the designation of produce as Kerem Revai (see below, entry #21); this is termed "Kidush" based upon the terminology used in the verse (Devarim 22:9).

(a)The Torah requires farmers to desist from working the land every seventh year (Vayikra 25:1-7). Produce which grows during the seventh (Shevi'is) year is holy, which in this context means: 1. It is considered ownerless; anyone may enter a field and pick that which he wishes to eat; 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2); 3. Shevi'is produce may be consumed only in the manner considered normal for that type of food, or burned to provide illumination in the case of oil. It may not be wasted, used for medicinal purposes, fed to animals, etc.

(b)The Torah writes, "[You shall work for six days, and on the seventh, you shall rest;] you shall rest from plowing and harvesting" (Shemos 34:21). Although this verse is written regarding Shabbos, Chazal understand that it must be referring to the year of Shemitah, since it adds nothing to what is already written regarding Shabbos. Furthermore, Rebbi Akiva explains that since it adds nothing to what is already stated regarding the year of Shemitah itself, it must therefore be referring to part of the previous year. Chazal therefore determine that one may not work his field for a period of one month prior to the Rosh Hashanah that signals the onset of Shemitah. This is known as Tosefes Shevi'is. The Chachamim enacted that one may not plow a field beginning from Pesach of the year before Shemitah, and that one may not plow around and under the roots of trees in an orchard in order to help aerate and irrigate them beginning from Shavuos of the year before Shemitah (Moed Katan 3a).

(c)Rav Nachman explained in the name of Rabah bar Avuha that the disagreement regarding how long prior to Shevi'is one is allowed to engage in various types of planting does not take the Halachah of Tosefes Shevi'is into account. With regard to planting, Tosefes Shevi'is is thirty days.

19)[line 24]כמה יהא קישויהKAMAH YEHEI KISHUYAH (YOLEDES B'ZOV)

(a)When a woman menstruates, she has the status of a Nidah (see Background to Moed Katan 27:34:b) for seven days. The following eleven days are days of Zivah. If a woman experiences uterine bleeding during this time for either one day or two consecutive days, she is known as a Zavah Ketanah and is Teme'ah. As long as she does not bleed over the following night and day, she may immerse in a Mikvah to become Tehorah. She may even immerse the morning immediately following the bleeding, although whether or not she becomes Tehorah is contingent upon whether or not she sees blood later on that day. A woman in such a situation is called a Shomeres Yom Keneged Yom, for she must watch the following day in order to determine whether or not she has continued to bleed.

(b)If a woman has a show of blood for three consecutive days during her eleven days of Zivah, then she becomes a Zavah Gedolah. In order to become Tehorah, she must count seven "clean days" during which she experiences no further bleeding. On the morning of the seventh clean day she may immerse in a Mikvah. As long as she experiences no further bleeding over the rest of that day she is Tehorah and no longer a Zavah. She must then offer a Korban Zavah in order to enter the Beis ha'Mikdash or partake of Kodshim. This Korban consists of a pair of turtle-doves or common doves, one as an Olah and one as a Chatas.

(c)Following birth, a woman may neither enter the Beis ha'Mikdash nor eat Kodshim. She then undergoes a two-stage process of Taharah.

1.Immediately after birth, she has the status of a Nidah. This is true whether or not she has had a show of blood. If she gave birth to a boy, this stage lasts for seven days. If she had a girl, then it lasts for two weeks. At the end of this period, she may go to the Mikvah, and is then permitted to her husband. At this point she enters the second stage.

2.During the second stage, a show of blood does not render her a Nidah; such blood is termed Dam Tohar. (The current practice, however, is to consider a woman a Nidah even during the period of Dam Tohar; see Insights to Nidah 25a.) She is still prohibited from eating Kodshim or entering the Beis ha'Mikdash during this period. This status lasts for an additional thirty-three days after the birth of a boy, and sixty-six days after the birth of a girl. Thus, the total waiting period following the birth of a boy is forty days and following that of a girl, eighty days.

(d)If a woman saw blood during her days of Zivah and was experiencing labor pains at the time, then she may assume that the blood is a result of the labor and she is not a Zavah. Our Gemara cites a Mishnah in which Tana'im disagree as to how long before a birth a woman may presume her Dam Zivah to be a result of labor.

20)[line 26]דייה חדשהDAYAH CHODSHAH- lit. her month is enough; a woman may presume her Dam Zivah to be a result of labor only if the bleeding occurred after Rosh Chodesh of the month in which she gave birth (see Nidah 38a)

21)[line 28]המסכך גפנו על גבי תבואתו של חברוHA'MESACHECH GAFNO AL GABEI TEVU'ASO SHEL CHAVEIRO- one who stretches his grapevines over the grain of another (which is prohibited due to that which it is Kil'ei ha'Kerem; see Background to 81:27)

22)[line 29]וחייב באחריותוV'CHAYAV B'ACHARAYUSO- and he is responsible [to remunerate the owner of the grain] for it[s value]

83b----------------------------------------83b

23)[line 2]מה לי אמר שמואלMAH LI AMAR SHMUEL?- How does Shmuel rule?

24)[line 9]מאי חזיתMAI CHAZIS...?- why do you see fit...?

25)[line 11]מנוMANU?- who is it?

26)[line 14]דביריD'BEIRAI- a) from a town in the Galil; possibly Biriyah, next to Tzefas; b) Bei Berai, a town in Bavel

27a)[line 14]אבי כורסיה(D'OSVUHA) [D'OSVEI] A'BEI KURSEI- who was made to sit [forcefully] upon his buttocks

b)[line 14]ואיקרעV'IKRA- and [the flap of skin covering his genitals] tore [revealing that he was a man]

29)[line 17]סריס חמהSERIS CHAMAH- a sterile man who was impotent from birth (see Background to 79:10)

30a)[line 21]לפסול במקום אחיןLI'FSOL BI'MKOM ACHIN- whether or not [his Yevamah] becomes forbidden to his brothers [after he does Chalitzah, as according to Rebbi Yosi b'Rebbi Yehudah he may not be a Seris, whereas his father Rebbi Yehudah maintains that he is definitely a Seris]

b)[line 21]ולחלוץ שלא במקום אחיןVELA'CHALOTZ SHE'LO BI'MKOM ACHIM- and whether or not Chalitzah is necessary when he has no other brothers

35)[line 31]"ואת זכר לא תשכב משכבי אשה [תועבה הוא]""V'ES ZACHAR LO SISHKAV MISHKEVEI ISHAH; [TO'EVAH HI]"- "And do not lie with a man in the ways in which you would lie with a woman; [it is an abomination.]" (Vayikra 18:22)

36)[line 34]זכר גרידא מנא להוZACHAR GEREIDA MINA LEHU?- how do they know that it is prohibited to have relations with a man [once they have determined that the verse is referring to an Androginus]?

37)[line 35]באשה שלא כדרכה מנא להוB'ISHAH SHE'LO K'DARKAH MI'NA L'HU?- how do [both the Rabanan and Rav Sima'i] know that a woman [is married, and that all forbidden unions are transgressed,] through sodomy [which is derived from this verse (55b; see also Kidushin 22b)]?

38)[line 37]מעליאME'ALYA- full-fledged

39)[line 38]במוקדשין יקדשB'MUKDASHIN YIKADESH- [an animal that is an Androginus] should be able to be sanctified as a Korban [that must be male]

40)[line 39]הנרבעHA'NIRVA

(a)If two valid witnesses view a man having relations with a female animal, then the animal must be stoned by Beis Din and it is forbidden for anyone to receive any benefit from it or its carcass. If there was only one witness or if the sin was reported by the transgressor, then the animal remains alive and it is permitted to receive benefit from it, but one may not offer it as a Korban (sacrifice).

(b)The Beraisa quoted by our Gemara discusses a female bird with which a man had relations.

41)[line 39]והמוקצהHA'MUKTZAH

(a)An animal designated as an offering for Avodah Zarah may not be offered as a Korban (sacrifice). If the animal was merely designated verbally (Hekdesh l'Avodah Zarah), it is not sufficient for it to attain this status. It attains the status of Muktzah only after it has been physically set aside.

(b)The Beraisa quoted by our Gemara discusses a bird that has been set aside as an offering to Avodah Zarah.

42)[line 40]והנעבדHA'NE'EVAD

(a)An animal before which a person has bowed is unfit as a Korban (sacrifice). One may still derive benefit from it, however.

(b)The Beraisa quoted by our Gemara discusses a bird that has been worshipped.

43)[line 40]והאתנןHA'ESNAN

(a)An animal given to a harlot as her wage may not be offered as a Korban (sacrifice) (Devarim 23:19).

(b)The Beraisa quoted by our Gemara discusses a bird that has been given to a harlot as her wage.

44)[line 40]ומחירMECHIR (MECHIR KELEV)

(a)An animal that has been exchanged for a dog may not be offered as a Korban (sacrifice) (Devarim 23:19).

(b)The Beraisa quoted by our Gemara discusses a bird that has been exchanged for a dog.

(a)The carcass of a Kosher bird which died through any means other than Halachically acceptable Shechitah (a Neveilah) has a unique status. Generally, items that are Tamei spread Tum'ah through contact (Maga) or being carried (Masa). The only item of Tum'ah that transfers Tum'ah in any other fashion (mid'Oraisa) is a Nivlas Of Tahor, which causes a person to become Tamei when he swallows a k'Zayis of it. The point at which he becomes Tamei is that beyond which the meat can no longer be regurgitated (Beis ha'Beli'ah).

(b)When one swallows a Nivlas Of Tahor, he becomes a Rishon l'Tum'ah. In addition, it confers the status of a Rishon l'Tum'ah upon any clothing or utensils that he is in contact with at that time.

(c)A bird offered as a Korban (sacrifice) is killed through the process of Melikah, which involves the elongated thumbnail of a Kohen piercing its neck from the back (see Background to Yoma 29:8). This is not a valid Shechitah (slaughter) under any other circumstance. Therefore, if a bird that is unfit as a Korban is slaughtered in such a fashion, it has the status of a Nivlas Of Tahor.